Wilks, Rasheed v Williams, Donovan
Civil procedure – Defence – Whether the defence filed amounts to a bare denial – Application to strike out portions of witness statement on the basis that it introduces facts not pleaded – Defence of automatism – Application to strike out defence of automatism – Res judicata – Doctrine of res judicata – Issue estoppel – Doctrine of issue estoppel – Civil Procedure Rules, 2002 – Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2
Dilworth, Cleveland Fritz Herbert v Dilworth, Gillian Merjean
Matrimonial Property - Property Rights of Spouses Act (PROSA) - In limine objection - Petition for the Dissolution of Marriage proceeded in default to a grant of Decree Absolute - Notice of Application for Court Orders for division of matrimonial property filed while divorce claim subsisted but not determined before the grant of Decrees Nisi and Absolute - Whether res judicata applies - Whether claim for division of matrimonial property must be made by Fixed Date Claim Form.
Stewart Brown Investments Limited v Brown, Alton Washington and Stewart, Ermine et al
Contempt of Court – Factors to be considered - Committal order – Standard of proof - Whether mens rea required – Meaning of ‘wilful’ - Whether there needs to be proof that the party had an intention to act in contempt of Court
Civil Procedure – Whether order of a single Judge of the Court of Appeal can be amended or modified by a notice to parties – Whether such notice can be used as a tool to construe the meaning of an order
Tenn, Natalie v Wiltshire, Wayne Anthony
Matrimonial Property - Property Rights of Spouses Act (PROSA) - Application to make claim for division of matrimonial home after twelve months of dissolution of marriage - General considerations - Prejudice - Whether Respondent would be barred from claiming adverse possession of Applicant’s interest in matrimonial home if time is extended to make PROSA claim.
Atkins, Baldwin and Atkins, Hugh v Bailey, George and Scott, Donovan
Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.
Young, Michael and Young, Jacqueline et al v Kingston and St. Andrew Municipal Corporation and National Environmental and Planning Agency
Judicial Review – Whether the Claimants have locus standi to seek the relief sought in the claim – Whether the relevant Authorities acted ultra vires their statutory powers
Statutory Intepretation – Legitimate Expectation – Lack of consultation by Authority before decision made – Town and Country Planning Act – Natural Resources Conservation Authority Act – 1966 Town and Country Planning (Kingston) Development Order – 2017 Town and Country Planning (Kingston and Saint Andrew and Pedro Cays) Provisional Development Order
McIntosh, Jermaine v Department of Correctional Services Limited and the Attorney General of Jamaica
Negligence – Personal injury- Credibility - Duty owed by correctional officer to inmate - Res ipsa
loquitur.
Williams, Alexander and Watson-Williams, Carol v Barry Group Limited
Injunction - Interim - Inter partes hearing - Whether there was material non-disclosure - Anticipatory breach of restrictive covenant - No application or order for modification of restrictive covenant - Whether there is a serious question to be tried - Balance of convenience.
Hall, Garnett v Campbell, Joyce Maud
Civil Procedure – Whether the Claimant abandoned his interest in real property - Whether the Defendant dispossessed the Claimant - What is the effect of the execution and registration of the Instrument of Transfer subsequent to the purported period of dispossession.
Airlink Wireless Network Limited v D.R. Holdings Limited and Rainford, Donald
Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.
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